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The law requires employers to pay overtime premiums at a certain rate of pay that should take into account non-discretionary, production-based bonuses.

Atlanta, GA (PRWEB)September 10, 2013

On September 9, 2013, employees of Hyundai Capital America filed a putative collective action in Georgia federal court alleging that the company failed to calculate and pay their overtime wages correctly. According to the Complaint, when Hyundai Capital America determined its employees’ overtime rate of pay, it failed to include monthly and/or annual incentive payments in the calculations. Plaintiffs assert that the Fair Labor Standards Act requires employers to include non-discretionary, incentive-based compensation when calculating an employee’s overtime rate of pay.

Hyundai Capital America, which is headquartered in Irvine, California, is an auto finance company. According to the Complaint, Plaintiffs and those similarly situated worked in its operations centers in Atlanta, Georgia; Dallas, Texas; and Irvine, California. Plaintiffs are hourly employees who worked in various departments, including but not limited to, consumer funding, collections, credit, and customer service.

Michele R. Fisher, one of the attorneys representing the employees stated, “The law requires employers to pay overtime premiums at a certain rate of pay that should take into account non-discretionary, production-based bonuses. We believe that Hyundai Capital America did not calculate its hourly employees’ overtime pay correctly, and we intend to recover the compensation for them that they are due.”

Plaintiffs are represented by Michele R. Fisher and Alex M. Baggio from Nichols Kaster, PLLP in Minneapolis, Minnesota, and John Mays and Jeff Kerr of Mays & Kerr LLC in Atlanta, Georgia. The case was filed in federal court in the United States District Court for the Northern District of Georgia, and is entitled, Demetrius Green and Trelanie Crowder et al. v. Hyundai Capital America, Court File No. 1:13-cv-03008-WBH.